qr code generator c# library 17: Searching the FBI s Civil Files: Public Safety v Civil Liberty in Software

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17: Searching the FBI s Civil Files: Public Safety v Civil Liberty
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to fool a fingerprint examiner And the answer, it s increasingly, unnervingly clear, is a resounding yes 19 Cole holds a distinct minority view At least one judge has refused to permit him to testify as an expert witness on fingerprint evidence, explaining: The record is devoid of any evidence that Dr Cole possesses any more than an elementary knowledge of latent fingerprint collection and comparison His approach can hardly be viewed as generally accepted as reliable in the relevant scientific community 20 Judge Brennan found that Dr Cole s proposed attack on the scientific underpinning of fingerprint identification is more in the role of an advocate or historian and not as an expert Controversy has surfaced in the federal courts over fingerprint evidence21 In January 2002, Judge Louis Pollak of the US District Court for the Eastern District of Pennsylvania issued what became a potentially explosive if very short-lived opinion on the use of fingerprint evidence in a court of law While taking judicial notice of the uniqueness and permanence of fingerprints and while permitting courtroom testimony by fingerprint experts, Judge Pollak refused to allow fingerprint experts to express an opinion that a particular latent print matched or did not match the rolled print of a particular person22 However, Judge Pollak reversed himself on March 13, 2002, granting the government s motion for reconsideration23 Impressed by the fact that England had recently established a new legal framework similar to US courts with respect to a court s use of expert fingerprint identification testimony, Judge Pollak concluded that arrangements which, subject to careful trial court oversight, are felt to be sufficiently reliable in England, ought likewise to be found sufficiently reliable in the federal courts of the United States, subject to similar measures of trial court oversight 24
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Simon Cole, The Myth of Fingerprints, New York Times, May 13, 2001 For a technical discussion of the distinctiveness of fingerprints, see Sharath Pankanti, Salil Prabhakar, and Anil K Jain, On the Individuality of Fingerprints, Proceedings of the IEEE Computer Society Conference on Computer Vision and Pattern Recognition (CVPR), Hawaii, December 11 13, 2001 People v James Hyatt, Indictment #8852/2000, Supreme Court of the State of New York, County of Kings, Part 23 (precluding Dr Cole from testifying as an expert before the court and noting that what Dr Cole has offered here is junk science ) For example, United States v James M Broten, et al, Case No 01-CR-411 (DNH), (NDNY March 25, 2002) (denying the defendant s motion to preclude the government s latent fingerprint identification evidence); United States v Byron C Mitchell, Cr No 96-00407 (ED Pa September 27, 1999) (upholding the admissibility of fingerprint evidence and rejected a challenge by the defense attorney to exclude that evidence) United States v Plaza, Cr No 98-362-10, (ED Pa January 7, 2002) Order, United States v Plaza, Cr No 98-362-10, (ED Pa March 13, 2002) Order, United States v Plaza, Cr No 98-362-10, (ED Pa March 13, 2002)
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Unlike credit histories and other data that contain mistakes, fingerprint identification systems, like IAFIS, while not perfect, are based on a physical characteristic that is distinctive and permanent Moreover, the technology and processes behind such systems, while not infallible, are mature and reliable Are these convincing reasons to embrace searchable electronic civil files
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Searching the civil files for national security, criminal investigative, or other related purposes presents the classic public safety versus civil liberty tradeoff Balancing public safety and civil liberty concerns suggests three possible approaches to searching the civil files:
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Tilt strongly toward public safety and encourage such searching Tilt strongly toward civil liberty and prohibit such searching Take some kind of middle ground and permit some form(s) of limited searching, subject to certain conditions
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How one decides depends on how one tilts The basic issue appears to be whether the state s interest in public safety justifies subjecting presumably law-abiding citizens to a search of their fingerprints for a possible connection to an unlawful act While a person can easily change his name, he cannot so easily change his fingerprints Thus, fingerprints are a somewhat immutable marker of a person s identity and as such they are extremely useful for identification Moreover, fingerprints essentially disclose only identification information25 Thus, they thus escape the controversy that surrounds the use of DNA databases for criminal investigative purposes, since many people perceive DNA as containing medical and health-related information Concern over such a use also is mitigated by the voluntary nature of the fingerprint submissions, as a condition of employment or licensure, and the established legal basis requiring it It may be argued that fingerprint submission is more of a Hobson s choice because people, in reality, are forced to submit their fingerprints to the US government if they want a particular position or privilege The Hobson s choice argument seems most compelling in the case of an
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Dr Harold Chen, in his work on dermatoglyphics (the study of the patterns of the ridges of the skin on parts of the hands and feet), notes that certain chromosomal disorders are known to be associated with characteristic dermatoglyphic abnormalities He specifically cites Down syndrome, Turner syndrome, and Klinefelter syndrome as chromosomal disorders that cause unusual fingerprint patterns in a person See Harold Chen, Medical Genetics Handbook 221-226 (1988) quoted in John D Woodward, Biometric Scanning, Law and Policy: Identifying the Concerns Drafting the Biometric Blueprint, University of Pittsburgh Law Review, 5997 (1997) 117
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